Съотношението между паралелни производства пред съд и арбитраж
Correlations Between Parallel Proceedings Before a State Court of an Arbitral Tribunal
Author(s): Anastas PunevSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: general claim procedure; stay of proceedings; arbitration; parallel proceedings
Summary/Abstract: The article deals with the issues connected to conducting two parallel claim proceedings before a state court and an arbitral tribunal. The particularities of this problem stand out in relation to other similar hypotheses. Due to the lack of research of the issue a comparative overview of the possible solutions is conducted through analysis of the relevant provisions of German, French, Swiss and English law. On the basis of this comparative overview the concept of parallel proceedings is introduced and the gap in the Bulgarian regulation of the issue is pointed out. In this regard proposals for amending the legislation are discussed so that the related procedural concepts are considered while preserving the authority of arbitration as an institution.
Journal: Studia Iuris
- Issue Year: 2019
- Issue No: 1
- Page Range: 76-89
- Page Count: 14
- Language: Bulgarian